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Trademark License Agreement for Philippines

Trademark License Agreement Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes the terms and conditions under which a trademark owner (licensor) grants permission to another party (licensee) to use their registered trademark(s). The agreement is structured in accordance with the Intellectual Property Code of the Philippines (Republic Act No. 8293) and includes provisions for quality control, payment terms, territory restrictions, and usage guidelines. It addresses key aspects such as license scope, duration, royalty calculations, and termination conditions while ensuring compliance with Philippine IP regulations and recordal requirements.

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What is a Trademark License Agreement?

A Trademark License Agreement is essential when a trademark owner wishes to permit another party to use their trademark(s) while maintaining control over their intellectual property rights. This document is particularly relevant in the Philippine context, where it must comply with the Intellectual Property Code (Republic Act No. 8293) and be recorded with the Intellectual Property Office of the Philippines. The agreement typically covers essential elements such as scope of use, quality control measures, territorial limitations, and financial terms. It's commonly used in various commercial arrangements including franchising, merchandising, and brand expansions. The document provides legal protection for both parties while ensuring the trademark's integrity is maintained through specified usage guidelines and quality standards.

What sections should be included in a Trademark License Agreement?

1. Parties: Identification of the licensor and licensee with full legal names and addresses

2. Background: Context of the agreement, description of the trademark(s), and ownership confirmation

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of License: Scope of the license granted, including territory, exclusivity, and permitted uses

5. Term and Renewal: Duration of the agreement and conditions for renewal

6. License Fees and Royalties: Payment terms, royalty rates, and calculation methods

7. Quality Control: Standards for use of the trademark and quality control requirements

8. Protection of the Trademark: Obligations regarding trademark protection and enforcement

9. Use of the Trademark: Specific requirements and restrictions on trademark usage

10. Representations and Warranties: Statements of fact and promises by both parties

11. Termination: Grounds and procedures for termination of the agreement

12. Post-Termination Obligations: Obligations of parties after agreement ends

13. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction details

14. Miscellaneous: Standard boilerplate provisions including notices, amendments, and severability

What sections are optional to include in a Trademark License Agreement?

1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses

2. Minimum Performance Requirements: Include when there are specific sales or performance targets

3. Marketing and Promotion: Include when specific marketing obligations or restrictions apply

4. Training and Support: Include when licensor provides training or technical support

5. Export Restrictions: Include when there are restrictions on export of licensed products

6. Insurance Requirements: Include when specific insurance coverage is required

7. Bank Guarantee/Security: Include when financial security is required from licensee

What schedules should be included in a Trademark License Agreement?

1. Schedule 1 - Licensed Trademarks: Details and representations of all licensed trademarks including registration numbers

2. Schedule 2 - Licensed Products/Services: Detailed list of products or services covered by the license

3. Schedule 3 - Territory: Detailed description of geographic territories where license is valid

4. Schedule 4 - Quality Standards: Specific quality control requirements and standards

5. Schedule 5 - Royalty Calculations: Detailed methodology for calculating royalties

6. Schedule 6 - Brand Guidelines: Specific requirements for trademark usage and brand standards

7. Schedule 7 - Approved Manufacturers/Suppliers: List of approved manufacturers or suppliers if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ 抖阴视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

抖阴视频

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions










Clauses



































Relevant Industries

Consumer Goods

Retail

Fashion and Apparel

Food and Beverage

Technology

Entertainment

Sports

Manufacturing

Pharmaceuticals

Cosmetics

Automotive

Franchising

Education

Media and Publishing

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Finance

Marketing

Brand Management

Compliance

International Operations

Product Development

Licensing

Relevant Roles

Chief Legal Officer

Intellectual Property Counsel

Commercial Director

Brand Manager

Licensing Manager

Business Development Manager

General Counsel

Trademark Attorney

Contract Manager

Chief Executive Officer

Chief Financial Officer

Compliance Officer

Marketing Director

Franchise Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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